Intellectual Property Laws at Cambodia
Cambodia's intellectual property (IP) framework has undergone significant modernization in recent years, aligning more closely with international standards. Here's an overview of the current IP laws and enforcement mechanisms in Cambodia:
π°π Key IP Laws and Regulations
1. Trademarks
Governing Law Law on Marks, Trade Names, and Acts of Unfair Competition (200)
Protection Trademarks must be distinctive and not conflict with existing mark.
Duration Initial protection lasts 10 years, with the possibility of renewal.
Use Requirement Failure to use the trademark for five consecutive years may lead to cancellation.
Enforcement Civil and criminal remedies are available, including injunctions and damage.
2. Patents and Utility Models
Governing Law Law on Patents, Utility Models, and Industrial Designs (200)
Protection Inventions must be novel, involve an inventive step, and be industrially applicable.
European Patents Cambodia recognizes European patents through a validation agreement with the European Patent Offic.
3. Industrial Designs
Protection Designs must be new and have an aesthetic appeal.
Duration Initial protection lasts 5 years, with the possibility of renewal for two additional 5-year term.
4. Copyright
Governing Law Law on Copyright and Related Rights (200)
Protection Applies to literary, artistic, and scientific works, including digital content.
Duration Generally lasts for 50 years following the author's death.
International Treaties Cambodia is a member of the Berne Convention and the Beijing Treaty on Audiovisual Performance.
5. Geographical Indications
Governing Law Law on Geographical Indications (201)
Protection Applies to products linked to specific geographic locations, such as Kampot peppe.
π National Intellectual Property Policy 2023β202
Effective from December 2023, this policy aims o:
*Legislative Development: Enhance laws and regulations to meet international standards.
*Capacity Building: Strengthen the capabilities of officials and relevant unis.
*Public Awareness and SME Support: Increase public knowledge and support small and medium enterprises.
π‘οΈ Enforcement Mechanisms
*Department of Intellectual Property Rights: Under the Ministry of Commerce, responsible for policy development, registration, and enforcement coordination.
*Customs and Border Enforcement: The General Department of Customs and Excise launched the Intellectual Property Rights Recordation System in 2024 to facilitate the interception of counterfeit goods at border pots.
*Judicial System: Civil IP disputes are handled by municipal or provincial courts.
π International Agreements
Cambodia is a member of several international treaties, including:
Paris Convention: For the protection of industrial property.
Patent Cooperation Treaty (PCT: Allows for international patent applications.
Madrid Protocol: Facilitates the international registration of trademarks.
Berne Convention: For the protection of literary and artistic workβs.
Beijing Treat: On audiovisual performances.
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